Drache Velagic Delhi Rape Reporting 2013June4

8/9/2019 Drache Velagic Delhi Rape Reporting 2013June4

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Executive Summary: Sex Crimes Reporting in the

Indian Press -- Some Disquieting Results

The Delhi Rape is the most

extensively covered rape case

in recent Indian history. This

report chronicles a media

monitoring exercise of rape

reporting between January 1,

2012 and August 31, 2012 (See

figure 2). The report also

examines the three-month

period after the Delhi Rape in

an empirical analysis of fourleading Indian English

language publications with a

combined circulation of

2,946,340: The Hindu, India Today , the Indian Express, and Tehelka.

Rape reporting increased by roughly 30% after the Delhi Rape, with the Delhi Rape

taking between 10-20% of the share of rape stories across varying storylines.

Sex crime reporting is best understood by identifying storylines. Monitoring the

Delhi Rape, 5 storylines emerged: personal, public outcry, women’s safety, police

handling, and legislative. These storylines enabled us to probe the reporting of rape

and sexual violence more deeply with respect to the context under which gender

justice was addressed. In the case of crime reporting, the news agenda is highly impacted by the amount of

public attention, both locally and globally, an incident receives. The globalization of

the Delhi bus rape intensified the press coverage and it created a large public space

for debate and the venting of anger. Further still, the attention granted by other

sources such as newswire, independent journalists, social media, and civil society

organizations also brings fresh perspective to bear on gender justice. To this end,

this report works to understand both how the press covers stories of rape and also

asks whether the press provides a corridor to discuss gender justice.

Strictly speaking, the Delhi Rape is more than just a gruesome crime; it needs to be

understood as a matter of gender justice. Gender justice situates crimes against

women within the larger structure of power. The structure of patriarchal power hasworked against the interests of women in the way sexual crimes are reported in

India and other societies. We have developed a methodological yardstick to better

understand the progress the press has made with respect to crimes of gender

violence.

Sexual violence can be broken down into four dominant categories: rape/honor

killings/domestic violence/human trafficking. Given the number of news stories to


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be coded, it became evident that the York University/Jamia Millia Islamia shared

project did not have the resources to examine all dimensions of sexual violence. As a

result, it was decided to focus on rape, however, it is important to point out the

phenomenon of sexual violence in India today is much larger and more complex

than is covered in our report.

Sexual crime reporting often considers class and caste when determining whatstories become part of the news agenda. Because the media is attracted to ‘people

lik e us’ stories, the Indian press report crimes concerning middle or upper classurbanites in greater number and detail than stories centered around tribal or lower-

caste characters (Khan 87). Through our own study, it became apparent that caste

was only mentioned if the victim was a Dalit; otherwise, no mention of caste was

made. Such omission only furthers Khan’s observation that stories of low class andcaste are underrepresented in the Indian press. Amidst these trends in rape

reporting, the common denominator remains – these stories are disconnected from

a broader framing context or larger meaning. They exist as isolated islands without

connecting to larger, more extensive developed storylines.

So far, the Indian press has made small but important progress with respect toreporting on gender justice. On the one hand, when the press follows a story across

diverse storylines, moving beyond the incident and crime cycle, it opens the

possibility for gender justice sensitive reporting. On the other hand, when the story

focuses simply on the sensational aspects of the crime, the powerful gender justice

perspective is not well served. In the case of the Delhi Rape, reporting has indeed

broached the subject of gender justice from multiple storylines; however, the

reporting also gravitated towards the sensational.

Who a victim reports a crime to speaks volumes about the confidence a society has

in their authority figures. In our media monitoring study, we looked for mention of

who sexual crimes had been initially reported, be it the police, family, or others, such

as neighbors, friends etc. We found news reporting to be deficient, with 71% of newsarticles not providing any information regarding the role of police, family, or others.

Without understanding how crimes are reported, we are left without an

understanding of how these very personal crimes come to light.

Based on the hundreds of stories we examined, the Indian press is still at the

beginning of a long apprenticeship cycle with respect to the reporting of gender

justice and violent crimes against women.

The Delhi Rape can be understood as a trigger event that provoked Indian’s to

engage with the issue of gender justice. Our empirical evidence leads us to conclude

that incident based reporting is superficial in that it insufficiently examines the

causes and prevention of rape from a gender justice perspective. The Indian press

needs to take a hard look at its coverage of sexual violence if it intends to have a

higher standard of journalism with a modern view of sexual crimes and violence.


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Table of Contents

Executive Summary: Sex Crimes Reporting in the Indian Press -- Some

Disquieting Results

Crime Reporting in the Indian Press Today

1. Media Monitoring of Mass Circulation Dailies and Weeklies and Investigative

Reporting of Gender Violence

2. The Study of Rape and Sexual Violence: Some Preliminary Considerations

3. Typical Rape Reporting: The Single Incident Mindset, Caste, Class & Rape Myths

4. Saturation Reporting and the Delhi Rape

a)

Personal Storylineb) Public Outcry

c) Women’s Safety

d) Police Handling

e) Legislative Storyline

5. Conclusion: Sexual Violence, Crime Reporting and the Responsibilities of the

Indian Press


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A Working Draft:Feedback, Suggestions and Corrections

Welcome

A Report on Sexual Violence Journalism in Four Leading

Indian English Language Publications Before and After

the Delhi Bus Rape

Daniel Drache and Jennifer Velagic

Crime Reporting in the Indian Press Today

On December 16, 2012, a 23-year-old physiotherapy student was brutally gangraped and beaten on a moving bus in south Delhi by 6 men. She had been returning home

from a movie theatre with a male friend after 9 pm when the incident occurred. After the

attack, the two were disposed of on the side of the road, finally receiving assistance from a

passerby. While she initially survived the rape, the young woman succumbed to her injuries

in a Singapore hospital on December 29, 2012. Now referred to as the “Delhi Gang Rape,”“Delhi Bus Rape,” or simply, the “Delhi Rape,” this incident of sexual violence has since been

met with global outrage, becoming a fixture in the media. Given the global attention, the

way in which the Indian print media has chosen to cover this story and the ensuing events

is of great interest.

Examining the three month period after the Delhi Rape, as well as rape coverage

between January 1, 2012 and August 31, 2012, this report is an empirical analysis of fourleading Indian English language publications with a combined circulation of 2,946,340: The

Hindu, India Today , the Indian Express, and Tehelka. Divided into 5 sections, this report is

not about the importance of investigative journalism nor honoring exceptional journalistic

abilities, but instead, is focused on the Indian daily diet of news reporting and the incident

driven culture of modern journalism.

Crime reporting is often a response to a trigger event, however this type of reporting

largely concerns only the surface facts of the incident, lacking the necessary depth and

sophistication to understand the crime. Indeed, as David Krajicek, an American journalist,

notes, “t he bulk of crime coverage amounts to drive-by journalism – a ton of anecdote and

graphic detail about individual cases … but not an ounce of leavening context to help frame

and explain the crime’” (Khan 89). The same holds true for India’s print media, whereincident driven reporting reigns and thoughtful examinations of incidents are reserved for

exceptional circumstances, concerning particularly brutal stories, such as the Delhi Rape.

Perhaps more significant than the severity of the incident, however, is the public attention a

case attracts. Indeed, in the case of crime reporting, the news agenda is highly impacted by

the amount of public attention, both locally and globally, an incident receives. The

globalization of news intensified public reaction to the Delhi bus rape and created public

space for local debate and activism. Further still, the attention granted by other sources


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such as newswire, independent journalists, social media, and civil society organizations

also brings fresh perspective to bear on gender justice. To this end, this report works to

understand both how the press covers stories of rape and also asks whether the press

provides a corridor to discuss gender justice.

1. Media Monitoring of Mass Circulation Dailies and Weeklies and InvestigativeReporting of Gender Violence

While the mass media is often deemed society’s watchdog, it has beendemonstrated that quite frequently the press does not fulfill this function. The investigative

dimension of the press has acquired the status of a myth, as crusading journalists such as

Bob Woodward of the Watergate Scandal are few and far between. And though there are

still journalists who do excellent reporting today, most work is incident driven and largely

concerned with the surface facts. Today, thoughtful reporting involving broader

examinations of incidents is more likely seen during exceptional circumstances.

Media monitoring’s principal virtue allows us to track and monitor trends in

reporting over defined periods of time, allowing us to capture the intensity of coverage aswell as the kind of coverage. Utilizing such a method has enabled us to examine gender

violence both in quantitative and qualitative dimensions. Our media monitoring study

outlines “typical” versus “exceptional interest” rape reporting, where we examined rape

reporting in four Indian English language publications from January 1, 2012 until August

31, 2012, before observing reporting after the Delhi Rape (December 16, 2012) until March

25, 2013. This time period and the four publications chosen constitute a portrait of

information, and while there is a large non-English speaking press in India, analyzing Hindi,

Urdu or other prominent Indian languages lies outside of our resources. Taking both a

comparative and longitudinal approach, this study is a dynamic analysis of a rapidly

changing story.

2. The Study of Rape and Sexual Violence: Some Preliminary Considerations

Our study began as an inquiry into the ways in which Indian print media reports

crimes of gender violence. Sexual violence can be broken down into four dominant

categories: rape/honor killings/domestic violence/human trafficking. Given the number of

news stories to be coded, it became evident that the York University/Jamia Millia Islamia

shared project did not have the resources to examine all dimensions of sexual violence. As a

result, it was decided to focus on rape, however, it is important to point out the

phenomenon of sexual violence in India today is much larger and more complex than is

covered in our report.

The media monitoring project

evaluated Tehelka, India Today , The

Hindu, the Indian Express, which are

among the most influential journals

affecting the formation public opinion

in news hungry India. Tehelka is an

English language weekly known for


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their investigative journalism with a strong focus on public interest stories. India Today, a

fixture of Indian print media, was established in 1975. The weekly news magazine

discusses news, politics, current affairs, cricket and other sports and is also published in

Hindi, Tamil, Telugu and Malayalam. The Indian Express is a national daily newspaper

highlighting local and national coverage relating to Indian society and business. Of the most

highly read and regarded newspapers in India, The Hindu, is an independent generalnewspaper that started out as a weekly in 1878 and became a daily in 1889. Figure 1

details the circulation of the four publications as well as The Times of India and The

Hindustan Times, two other prominent

English language dailies.

Observing the four selected

publications, the number of articles

concerning rape has been relatively

consistent across the eight-month period.

Of the 1246 results for “rape,” 757 of those

stories were coded and have beenrepresented by one of twelve categories

(See Figure 2). Some articles were not

coded because the primary story was not

about rape. Of the categories considered,

stories relating to incidents of rape make up the largest form of reporting, with stories of

rape, gang rape and statutory rape being of the most reported. The result of such incident

driven reporting is an information gap. Engaging in a reactive form of reporting, the press

leaves the reader with information concerning a single incident and little about the issue of

gender violence as a whole. Further, awareness, where awareness activities here refer to

awareness based actions such as protests, gatherings, lectures and conferences, were also

widely reported. However, the efforts of those engaged in awareness activities often receiveinsufficient attention as only the most dramatic events get coverage, while other, less

sensational efforts remain largely underreported.

Beyond the first level of

categorization, stories were coded by

additional factors. The most prevalent

were stories where the victim was

murdered, where police handling was

discussed, and those that included rape

myths, such as victim blaming (See Figure

3). These results suggest that the newsagenda is dictated by rape stories that

have a more sensational undertone.


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Because of the stigma surrounding

rape, we thought it useful to identify who

victims first turn to when reporting sexual

crimes. As our results show in Figure 4, whilethe majority of stories are relate to incidents

of rape themselves, they generally do not

make mention of who the rape was reported.

Of those stories that did mentioned who the

crime was reported to, family was most often

cited, after police.

Also observed were the numberof stories that represent a stage in the

investigative process (See Figure 5). Of

all the stories coded as incidents of rape,

all but 42 were about a process in the

investigative cycle. Because the press

reports individual cases of rape, it is no

wonder that 471 news articles refer to

some stage of the investigative process.

In can be said, then, that the

investigative process drives reportage.

3. Typical Rape Reporting: The Single Incident Mindset, Caste, Class & Rape Myths

Indian print media’s coverage of violent crime typically highlights the individual

story of one survivor, one event, or one episode of violence. If the story is followed up on at

all, it is often the result of civil society groups driving the issue (Khan 89, 95). The problem

with such reactive reporting is that it often fails to provide necessary context and analysis,

and sees incidents disappear as quickly as they were given top coverage. Indeed, there are

many examples where the press has followed a single incident, reporting few facts beyond

age, date, details of the crime itself, and the position in the crime cycle. Such examples

include, “Man Arrested for Rape of 7-yr-old Daughter,” Indian Express, August 12, 2012, a144 word story that highlighted some facts about the father including his age (35), his

inconsistent employment history, and drug and alcohol abuse. Other details concerning the

date and address of the crime were given, as well as a few words discussing how the girl

relayed the incident to her grandmother to who lodged the complaint.

And while this

article depicts typical coverage, there are others, especially those carried in weeklies, which

follow individual cases with more detail. For instance, a few India Today articles including,


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“Rape & Murder in Betul,” April 13, 2012; “A Mother Listens to Her Conscience,” July 2,

2012; and “Bigots Boycott Rape Victim,” August 27, 2012, go into great detail whenreporting cases involving victims under the age of 18. Each article traces the individual

stories of victims from the incident until the arrest and also calls attention to the

unwillingness of police to take the safety and protection of the victims seriously. For

example, in “Bigots Boycott Rape Victim,” the 13-year-old victim and her father had toapproach three police stations before one finally agreed to lodge a complaint. While these

examples provide a more complete description of victims’ experiences, they still focused on

individual cases and further, only highlight crimes against minors, leaving those crimes

involving women over 18 underrepresented.

News stories can also take on moralizing tones as stories concerning violent crimes

involving women often revolve common rape myths and stereotypical images of women

(Khan 102). Longstanding rape myths include the notion that rape is sex, that the assailant

was motivated by lust, that men have a natural predisposition to get sex through force and

that women provoke rape through their looks and behavior (i.e. dressing provocatively,

being intoxicated, accompanying the perpetrator etc.). Also propagated is the notion that

rape is deserved, only promiscuous women are victimized, women cry rape for revenge, arelying, and have ulterior motives. Further myths include the belief that sexual attacks sully

the victims (Benedict 14 -19; Burt 217, 233; Franiuk et al. 288–289; Khan 102).

Of the rape myths found in Indian print media, false reports or false crimes appear

frequently. While the press does not comment on the truth of the victims’ statements,

mistrust is played out by news organizations when they run stories relating to false crimes.

False crimes are those “cases where the woman was found lying about rape, molestation,

assault, wife beating or used such accusations to blackmail men or when she misused the

law that was meant to protect her”(Khan 104). Indeed, false report stories abound,

especially those which revolve justification for premarital sex. Here, a woman is made out

to have changed her story (i.e. she wanted it at the time) or has “cried” rape. Some such

stories include: “Maid Booked for Registering False Rape Case against Employer ,” TheHindu, January 9, 2012 and “Gross Misuse and Abuse of Rape Laws,” The Hindu, January 10,2012. While the media focuses heavily on false crimes, the rate of false reports filed on

sexual assault is only 2 to 3 percent (Khan 104).

Because of the prevalence of rape myths, news agencies have also come to give them

undue prominence. For instance, “The Aptness of a Woman’s Garb ,” Tehelka, January 2,2012, discussed the tendency of police and political leaders to blame victims for their

misfortune and point to attire as an invitation for rape. And while a women’s clothingshould not be observed as an invitation, Mamta Sharma, the chairperson for the National

Commission for Women has stated that what women wear cannot be discounted (“WomenShould Take their Indian Culture Along When They Go Out,” Tehelka, March 31, 2012). “A

Rape Victim I Knew was Shattered by the Media’s Character Assassination,” Tehelka, March31, 2012 discusses the backlash victims often face in terms of unwarranted character

assassinations by the media and police and further, highlights their use to increase the

sensationalism of a story and even help the accused.

Finally, sexual crime reporting often considers class and caste when determining

what stories become part of the news agenda. Because the media is attracted to ‘people likeus’ stories, the Indian press report crimes concerning middle or upper class urbanites in

greater number and detail than stories centered around tribal or lower-caste characters


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(Khan 87). Through our own study, it became apparent that caste was only mentioned if the

victim was a Dalit; otherwise, no mention of caste was made. Such omission only furthers

Khan’s observation that stories of low class and caste are underrepresented in the Indian

press. Amidst these trends in rape reporting, the common denominator remains – thesestories are disconnected from a broader framing context or larger meaning. They exist as

isolated islands without connecting to larger, more extensive developed storylines.

4. Saturation Reporting and the Delhi Rape

The most widely covered rape case in recent history, the Delhi Rape has been

described as a watershed moment where national outrage has effectively directed the news

agenda for over three months. As is true of most all other rape cases, reporting began with

the crime itself, followed by arrests, the condition of the victim, and subsequent judicial

proceedings. And while judicial proceedings typically feed the news agenda, details in this

case were limited as a gag order was imposed, preventing the media from reporting court

proceedings. With the press unable to report such proceedings, it is little wonder why they

began to develop new angles to follow the story. Indeed, the press’ coverage of the storyhas been voluminous, taking on multiple storylines such as: personal, public outcry,

women’s safety, legislative and police handling.

The following graphs chronicle the media attention the Delhi Rape received between

the December 16, 2012 and March 25, 2013. Figure 6 highlights the coverage in Indian

publications, while Figure 7 emphasizes some of the global attention the case received,

examining the amount of coverage provided by The New York Times and The Guardian.

Appendix 1 provides a more detailed chronology of the incident.


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b)

Personal Storyline

Most readers first encounter a news story via the personal storyline. A powerful

journalistic method to foster engagement with the public sphere, particularly in India, the

personal storyline is a reminder of the importance of framing and selling a story to news

hungry readers. Galvanizing the country and shocking the world, the press provided

exhaustive coverage of the Delhi Rape via the personal storyline. Developing a backstory

through interviews with family and friends, the press was able to extend the life of the storybeyond the incident itself by highlighting the personal lives of the victims and the accused.

A tactic used to humanize the victim, the press rushed to establish her educational

background and her achievements. In the press’ eagerness to make the victim moreidentifiable, the facts regarding her educational pursuits were printed without proper

verification - an act which first saw her as a medical student, a paramedical student, and

finally a physiotherapy student. Moreover, the press took pains to highlight her promise as

a student . For instance, in “Month After Death, Rape Victim Clears Physiotherapy Exam

with 73% Marks,” Indian Express, January 24, 2012, the reader is provided a surprisingamount of detail about her academic standing:

she secured 124 (out of 200) in physiotherapy in orthopaedics; 147 (out of 200)in physiotherapy in neurology; 151 (out of 200) in physiotherapy in

cardiothoracic conditions; 144 (out of 200) in physiotherapy in general medicine;

160 (out of 200) in physiotherapy in clinical dissertation; and, 74 (out of 100) in

research methodology.


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The reporter even went as far as having the director speculate on her standing: "I have not

seen the results of all my students but I guess she must be among the top three in this

course at the institute.”

Beyond news reports discussing her educational pursuits, her aspirations and

sacrifices made by the family were stressed, both in dedicated articles and haphazardly

interjected into news pieces. For instance, The New York Times interviewed the victim’sfather at length in “For India Rape Victim’s Family, Many Layers of Loss,” January 11, 2013.

In the piece, he discusses his daughter’s childhood dream of becoming a doctor, however,due to the exorbitant cost of medical school, she pursued physiotherapy. While she did

choose a less costly option, her father still had to sell his land and work up to 16 hours a

day to pay for her education. Continuing to identify her family’s sacrifice, an article

concerning one of her surgeries sees her father explaining, "we have to often live on just

salt and roti" (“I Want to Live, Rape Victim Tells Mother, Brother,” Indian Express,

December 20, 2012). These inclusions work to create a feeling of connectedness as readers

empathize with such stories of sacrifice in their own families.

In addition to developing the background of the victim, the press also highlighted

the personal lives of the accused. On December 23, 2012, the Indian Express ran a storydetailing the personal background of each of the accused in a piece entitled, “Who are These

Men?” - the first article addressing the character of the accused. Taking a “people like us”tone, the article identifies the accused by their unremarkable occupations: “a priest, a

wayward driver and his brother, a juice vendor —men with routine lives and routine

travails. But on a Sunday night, these men from a south Delhi slum turned savage” (ibid.).Developing the backstory of the accused further, India Today dedicated over 700 words to a

piece about the accused entitled, “The Unforgiven” on January 7, 2013. Calling the accused

monsters, the article highlighted their unabashed brutality:

The high point of his life was when he thrust his tightly clenched right fist into the

womb of the bruised and battered 23-year-old on the night of December 16. Nothingbeat the excitement he felt when he heard her muzzled screams, saw her writhe in

extreme pain and watched the blood spurting from her young body.

Focusing solely on the juvenile, the Indian Express carried the story, “I Thought he

was Dead, Says Mother of Juvenile Accused” on January 6, 2013. Securing interviews withhis mother, the story articulated his impoverished family situation. Deemed the poorest

family in the village, the interview discusses how she lost contact with her son when he

went to Delhi to work eleven years ago. The story goes on to highlight the trials of the

family, such as their father suffering from mental illness, his siblings’ struggles, and the fearthat his eldest sister will remain unwed.

The prevalence of such personal storylines reveal a tension between the backstoryand the front story, where the drama and sensationalism of the backstory often wins out -

and understandably so. The victim of the Delhi Rape represents the aspirations of Indian

society – a family making sacrifices so their children can go to college – and the accusedrepresent the degradation of society – confirming that men are violent aggressors, taking

what they want, whenever they want it. Such storylines work to highlight the common

experiences of individuals, while indulging disgust - a combination that helps to keep such

stories in the news and sell newspapers.


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b) Public Outcry

The public outcry that followed the Delhi Rape catapulted the story into the news

and helped to assure ongoing media attention. Initially taking the form of protests and

vigils, young women and men in India took to the streets in many demonstrations to

publicize the incident, the shortcomings of the justice system, and the appropriatepunishment for the accused, before taking on the issue of women’s safety. As public outcry

mounted, the press acted as both a watchdog of public interest and helped to organize

public disgust and shame.

The first protest was reported in “JNU Students Take to Streets Against Capital’s

Shame,” The Hindu, December 19, 2012. This protest, organized by the Jawaharlal Nehru

University Students’ Union (JNUSU), saw students protesting outside the Vasant Vihar.Angry students, organizing themselves through mass texting, social media, and word of

mouth, protested for hours. The article also included an interview with the president of

JNUSU, V. Lenin Kumar, who discussed the apathy of the Delhi police, the urgency in

arresting the culprits, and the next scheduled demonstration - a candlelight vigil at India

Gate.

The press documented the following protests fairly consistently, often includingslogans and quotes by representatives from student associations, civil society groups, and

politicians, highlighting their shame and anger.

In “Angry Protests Across Delhi Over Gang-Rape,” The Hindu, December 20, 2012,

students from Delhi University, Jawaharlal Nehru University (JNU), Jamia Millia Islamia and

the All-India Students’ Association (AISA) demanded unconditional “freedom without fear;”for such freedom to be protected by police, government and judiciary; and a comprehensive

law on sexual assault. Protestors from JNUSU also “demanded increased patrolling and

deployment of police including police women in public places, fast-track courts to deal with

rape cases, increased sensitization [of police in dealing with rape crimes] and effective

investigation [and accountability of the police] dealing with heinous crimes against

women.” Finally, a “large number of workers of the Delhi BJP Pradesh Mahila Morcha andYuva Morcha staged demonstration at Jantar Mantar [Delhi’s designated protest area,located near Connaught Place] demanding death punishment to the persons who

committed gang-rape” (ibid .).Coverage of public outcry continued to highlight the demands of protestors. Leading

this coverage was The Hindu, which on January 1, 2013 alone, covered:

“JNUSU Holds Silent March,” a ‘Take Back the Night’ march.

“Tamil Nadu: Students Condemn Gang-Rape Incident” saw students concentrating

on crimes against women, focusing heavily on the role of authorities in protecting

women’s right to go about their daily activities “without having to constantly lookover their shoulders.”

“Protests Against Gang-Rape Continue” highlighted a peaceful demonstration which

included many of the leftist organizations such as the Progressive Organization of

Women, the Progressive Democratic Students Union (PDSU), the All India

Democratic Women's Association (AIDWA), the Students’ Federation of India (SFI), the All India Students Federation (AISF), and the Dhakad Youth Foundation India

(DYF), among others. The demonstrators demanded “that the government impose


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capital punishment on the accused and strengthen the laws relating to offences

against women.”

Further, the individual voices of members of civil society groups were highlighted at

length. Moving beyond the slogans of protestors, Kavita Krishnan, the Secretary of the All

India Progressive Women's Association (AIPWA), addressed protestors outside (CM)Minster Sheila Dikshit’s house in a twelve-minute speech that was captured by an onlooker

and posted to YouTube on December 19, 2012. The Hindi speech, which has garnered more

than 50, 000 views, focused on political responsibility, women’s rights and safety, and theimpact of those patriarchal attitudes ingrained in Indian culture. The speech, translated and

transcribed by Tehelka, appears in “Freedom Without Fear is What We Need to Protect, to

Guard and Respect,” December 21, 2012. In the speech, Krishnan discusses the daily life ofIndian women living in a vastly patriarchal society and, in one of the most interesting

sections, refers to the topic of women’s safety:

I am saying this because I feel that the word 'safety' with regard to women has been

used far too much - all us women know what this 'safety' refers to, we have heardour parents use it, we have heard our communities, our principals, our wardens use

it. Women know what 'safety' refers to. It means - You behave yourself. You get back

into the house. You don't dress in a particular way. Do not live by your freedom, and

this means that you are safe. A whole range of patriarchal laws and institutions tell

us what to do in the guise of keeping us 'safe'. We reject this entire notion. We don't

want it. It's clear that in this country, if you leave out the women's movement -

everything else, the government, the police, the political parties, the judiciary; when

they speak of women's 'safety' they are speaking from within a specific patriarchal

understanding of the term.

Beyond highlighting the demonstrations themselves, the publications also includedindividual reactions to the Delhi Rape, often focusing on the shortcomings of the justice

system, police handling, and discussions of appropriate punishment. One such story by

India Today entitled, “The Guilty Must Pay,” December 31, 2012, outlined responses from avariety of Indian elites:

Former Attorney General Soli Sorabjee’s response, “Action should be swift in rape

cases. There should be special fast-track courts and proper judges appointed. The

message must go out that the perpetrator will not get away with it.”

Senior Advocate, KTS Tulsi said, “the entire criminal justice system must be shored

up. Scientific investigations, quick trial and maximum sentence must be awarded to

the guilty. Certain punishment is the best deterrent”

The Additional Solicitor General, Indira Jaising, said: “Quality of prosecution must be

improved to increase the conviction rate in rape cases. Prosecutors must work in

better coordination with the police, which too should be sensitized”

On December 19, 2012, The Hindu ran a similar story entitled, “Celebrities Expresstheir Horror at the Brutal Gang Rape,” where a selection of public officials’ and celebrities’


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tweets and Facebook posts were printed, cementing the fact that, in an information age,

even horrendous crimes require rely on celebrities to bolster public outcry:

Infosys founder Narayana Murthy tweeted: “Ashamed to be an Indian”,

Former super-cop Kiran Bedi said: “We all pray she survives to see how anguished

society is; demand an answer from the powers that Advocating for Shariat laws,

Film-maker Farah Khan tweeted: “Sometimes I think the Shariat law would work

well, we are becoming a country of barbarians.”

Fashion designer Jatin Kochhar said: “New Delhi gang-rape…shameful and

shameless.”

While there is an apparent tendency to fall back on stories driven by sensational

quotes, the press also showed a desire to develop their coverage to include the expanding

women’s rights movement and gender justice. Stories like, “Rape, Shame and the Curse ofPatriarchy,” The Hindu, January 19, 2013, an opinion piece written by Ragini Nayak, an

Assistant Professor in the Department of English, Lakshmi Bai College at Delhi University,

highlights the shame that women in India are met with when they report rape. It looksbeyond the punishment of the accused and instead focuses on the victim and her life after

rape as it exists in a current culture of self-shame and the perception worthlessness:

Women are tag-marked as shameless transgressors for marrying without the

consent of family, seeking divorce, asking for a share in ancestral property or

refusing to cover their hair, face or body. Violence against women surges whenever

the patriarchal status quo or the traditional mode is challenged.

The enormous public outcry

after the Delhi Rape is proof that there

is an active public. As shown in Figure8, broadcasters and disseminators

drew in the public. Taking an active

interest in the crime as it had been

broadcast, the public followed

reporting as it appeared in the press

and also through the efforts of

disseminators such as civil society

groups on the ground and information

spread via social media. Getting

involved, the efforts of the broader

activist public became a part of the

news agenda and were reported by the press. Piggybacking off of the various forms of

engagement, the press developed a public outcry storyline that stretched between the simple

and sensational and the more developed and informed.


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c) Women’s Safety

The Delhi Rape also spurred a new conversation about women’s safety. Articles such

as, “ Bus Rape Spooks Working Women,” The Hindu, January 4, 2013 and “ Pepper Spray Outof Stock ,” The Hindu, January 14, 2013, expressed women’s fears, while others could be

seen to instill fear. For instance, The Hindu ran the article, “Capital’s Hall of Shame” onDecember 18, 2012, which detailed gruesome rapes dating back to 2001. By calling upon

other brutal rapes, readers are reminded that the Delhi Rape is not necessarily an isolated

incident, a tactic that effectively instills fear.

Beyond detailing the dangers women face, other stories put forth considerations of

how to make the city safer for women. “Forget CCTVs, Give us Well-Lit Facilities,” The

Hindu, January 9, 2013, discussed the importance of lighting in public spaces as a deterrent

for violent crime. Other articles highlighted measures women could take in order to protect

themselves, such as self-defense workshops with training in kickboxing, krav maga (an

Israeli self-defense system), and kung fu (“Women Take up Martial Arts for Self-Defence,”

The Hindu, March 6, 2013).

Under the broader umbrella of women’s safety, news stories also began to addressthe root causes of rape. Because of the complex nature of rape, the best examinations of the

issue appeared in the weeklies. For instance, Tehelka, a weekly that specializes in

investigative reporting, ran the story, “The Anatomy of Rape” on December 18, 2012, which

examined how rape and sexual violence is discussed in society. This article highlights the

importance of language in framing our understanding of rape. In “ Education: The Only Way

to Cure India's Rape Epidemic,” Tehelka, January 24, 2013, rape in India and the importance

of educating citizens about sexual violence is discussed. As Justice Verma, of the Justice

Verma Committee, pointed out:

the sexual harassment endemic in India - the cat-calling, groping and stalking of

women - is only the "first step" in a scale that slides up towards violent sexualassault. Such harassment, and its widespread acceptance, is a symptom of a much

deadlier cancer, deeply ingrained in the culture: one which will only be cured with a

massive, well-funded, government-led education campaign to transform people's

attitudes towards women and girls. (ibid .)

As the Delhi Rape brought the issue of women’s safety to the forefront, exactly how toachieve increased safety in Delhi and elsewhere has prompted the review of the role of

police and legislation.

d) Police Handling

The National Crime Record Bureau

(NCRB) recorded 24,206 cases of rape in

2011 - a figure which represents an

873% increase in the number of rapes

reported since the NCRB began

recording such information in 1971 (see

Figure 9) (“Crime” 12, 83). These


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figures, however, are relatively low for a country with 1.2 billion, a reality that “has enabled

politicians to treat such attacks as personal tragedies for the victims rather a pressing

social problem” (Kazmin). Keeping these statistics in mind, it comes as no surprise that

securing justice in cases of sexual violence is an increasingly urgent matter. In a highlypublicized investigation carried out by Tehelka (“Investigation: The Rapes will Go On,” April

14, 2012 and December 31, 2012), members of the Delhi Police force were filmeddiscussing their apathy toward rape victims. In the videos, the policemen are shown

supporting rape myths such “asking for it,” crying rape as a source of income, and other

forms of victim blaming, among others. When such victim blaming occurs, women are

deterred from filing a First Information Report (FIR).

Addressing these concerns, many news articles since the Delhi Rape have began to

discuss how inadequately police handle rape and what programs should be implemented to

amend their shortcomings. For instance, in “New Action Plan to Combat Crime Against

Women,” T he Hindu, February 6, 2013, the Centre identifies the registration of a FIR at all

police stations, police reforms such as a three-digit emergency response number, and

publicizing the identity of those convicted of crimes against women as potential strategies

to increase rape reporting. Another Hindu article berates the Delhi Police and the DelhiTransport Department for a lack of coordination, ultimately hindering public safety and

security. In an attempt to improve coordination of procedures relating to rape, Justice Usha

Mehra’s Commission on the Delhi Rape made important recommendations with respect to

overhauling and modernizing police procedures. Her 2013 report has recommended the

establishment of one-stop centres at hospitals in Delhi with a nurse, a gynecologist, a police

inspector, a forensic expert, and a counselor to help expedite the examination and reporting

process. So far, no action has been taken, however, establishing these centers would be a

monumental step in the police handling of gender justice issues (“ Justice Mehra Wants One-

Stop Centres for Rape Victims,” The Hindu, February 25, 2013).While the implementation of programs related to rape reporting are being

considered, deep-seated rape myths affecting the handling of rape cases still persist. Alengthier report that appeared in Tehelka highlights rape in Betul, a city near Bhopal,

Madhya Pradesh, which sees nine women raped every 24 hours (“Violation is the NormHere,” December 23, 2012). Addressing this seemingly high number, Vimla Chaudhary,Section Officer from the Tribal Welfare Police Station of Betul claims that, "women allege

rape to get compensation." She argues that because the Scheduled Caste and Scheduled

Tribe (Prevention of Atrocities, 1989) Act provides tribal woman compensation (Rs 50,000

if rape is proven), women register rape cases, adding, "you should write in Betul rape is big

business.” Such attitudes in support of rape myths coming from the police are unacceptable

and exemplify the inability for women to come forward and report rape. Moreover, such

deep-seated misogyny on the part of the police force greatly inhibits the possibility for

change. Because police are part of the solution, their attitudes about violence and genderjustice must change and conform to the laws of Indian society.

e) Legislative Storyline

As the Delhi Rape reached a global audience, it became increasingly evident that

India was facing a judicial and legislative crisis. The anger of public and civil society groups

changed the national mood of India so drastically that the government had little choice but


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to introduce legislation that would protect women from heinous crimes. Prior to the Delhi

Rape, India’s legislation failed to properly protect women and ensure gender justice(Verma, Seth and Subramanium 57). Of those laws meant to safeguard women, one of the

earliest concerned rape. First appearing in the Indian Penal Code in 1860, rape in India was

narrowly defined as “penile penetration into the vagina” (Gangoli 103). In order for a

charge of rape to be levied, section 375 was called upon to determine the circumstancesneeded for a crime to constitute rape.1 Further, explanation provided in this section states

that penetration is sufficient to constitute the offence of rape, leaving out all other forms of

sexual assault. The exception in this section leaves out marital rape altogether if the wife is

over fifteen years of age. Those charged with rape could be sentenced between seven and

ten years, while the punishment for gang rape saw rapists imprisoned for no less than ten

years (Gangoli 103-4). In addition to the narrow understanding of rape and sexual violence,

the low conviction rates and disparity in sentencing highlighted the jurisprudential

shortcomings of India’s justice system.

Such inadequacies were the principal mandate of the Verma Committee, a three

member committee comprised of J S Verma, a retired chief justice of India who passed away

in April, 2013; Leela Seth, a retired chief justice of the Haryana High Court; and GopalSubramaniam, former solicitor general of India. Completed on January 23, 2013, 29 days

after the committee’s formation, the Verma Committee Report was released.2 The report, a

staggering 657 pages, was summarized in “Revolutionary Roadmap to Gender Justice,”

Tehelka, January 24, 2013. The summary of the Justice Verma Committee Report stresses

the misogyny inherent in Indian law, specifically highlighting “outraging of modesty” and“honour” of a rape victim. It goes on to acknowledge that legislation concerning sexual

crimes “must include those against the transgenders, homosexuals and lesbians.” Perhaps

most significant is the redefinition of rape which includes,

any form of non-consensual penetration. And possibly for the first time, marital

rape is discussed at length as an essential part of the crime. The relationship of thevictim with the perpetrator should be of no consequence, says the report. (ibid .)

There is also an entire chapter devoted to police handling. For instance, jail time is

suggested for those officers who fail to file an FIR. This is a powerful incentive for the police

to take action and fulfill the letter and spirit of the law. Further, when it comes to proving

that a rape has taken place, the report asserts that the weight given to medical certificates

1 Against the victims will,

Without the victims consent,

With her consent, when her consent has been obtained by putting her or any person that she may be

interested in fear of death or hurt.

With her consent, when the man knows that he is not her husband,

With her consent, when at the time of giving such consent she was intoxicated, or is suffering from

unsoundness of mind and does not understand the nature and consequences of that to which she gives

consent

With or without her consent when she is under sixteen years of age.

2 The Verma Committee Report is available at http://www.thehindu.com/news/resources/full-text-of-justice-vermas-report-pdf/article4339457.ece


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in the Indian context should be lessened, as they have been found to be less than reliable.

Finally, while calling for harsher punishment for sexual offenders and rapists, the Verma

Committee did not recommend the death penalty (ibid .).

Taking the Verma Committee Report into consideration, the government issued an

Ordinance, which was promulgated by President Pranab Muherjee on February 3, 2013.

The Ordinance was subsequently replaced by the Criminal Law (Amendment) Bill, 2013 inMarch, and received presidential assent on April 2, 2013. The bill amends the Indian Penal

Code, the Indian Evidence Act and the Code of Criminal Procedure concerning laws related

to sexual offences. The most significant change to the rape law is the definition of rape itself

and the penalties for rape which have been extended to include multiple forms of sexual

assault.3 Further, the punishment for rape has been toughened, with maximum prison

terms being increased to twenty years, as well as the inclusion of the death penalty for

those if, during

the course of such commission inflicts an injury which causes the death of the

woman or causes the woman to be in a persistent vegetative state, shall be punished

with rigorous imprisonment for a term which shall not be less than twenty years,but which may extend to imprisonment for life, which shall mean imprisonment for

the remainder of that person's natural life, or with death. (Section 376A) (9,

“India”)

The punishment for gang rape has been increased to a minimum of twenty years and also

requires those convicted to pay damages to the victim for medical expenses and

rehabilitation (Section 376D) (9, ibid.).

Among other amendments, new legislation was introduced which has made

voyeurism, Section 354C (7, ibid .); stalking, Section 354D (7, ibid .); and acid attacks, Section

326A (5, ibid .), punishable under criminal law, however, rape law in India still does not

include provisions for marital rape. Also considered is how reports are taken. For instance,female officers are to record statements from victims of rape or attempted rape (Section

154) (13, ibid .). Such revisions are central to securing gender justice in India, as the failure

of police to file an FIR has been a major factor in the lack of reportage. The new legislation

modernizes and toughens the exiting criminal code, significantly increases punishment, and

makes provisions for women who are victims of rape. While welcomed by the public, there

is significant skepticism concerning the commitment of police and the effectiveness of the

judicial system.

3 Under the amendments of the Criminal Law Bill, the actions which define rape in Section 375 were

broadened beyond penile penetration of the vagina to include scenarios where he:penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do

so with him or any other person; or

inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or

anus of a woman or makes her to do so with him or any other person; or

manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or

any part of body of such woman or makes her to do so with him or any other person; or

applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other

person.


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5. Conclusion: Sexual Violence, Crime Reporting and the Responsibilities of the

Indian Press

Violence against women is a permanent fixture in the Indian press, with the most

brutal cases garnering the greatest attention. Those cases, also known as trigger events,provide an entry point for deep reflection, allowing for the health of gender justice to be

evaluated. The Delhi Rape provoked an unprecedented examination of gender justice in

India. However, our study, based on an empirical analysis of two mass dailies and two

weeklies, found that the press failed to strike a balance between a fully developed story and

incident based reporting. As our eighth-month media monitoring study showed, reactive,

incident based reporting was the norm for the coverage of sexual crimes. The

Delhi rape is too important for the press to return to business as usual. It became a

watershed moment in Indian journalism.

Our study revealed that the Delhi Rape had arguably the most extensive coverage of

any rape case in India, which is significant. The globalization of the news cycle played a

major role in public debate and demand for a significant response from the government totake immediate action to protect women from sex crimes. But there are many lessons to be

learned from this remarkable coverage. It is the case that the sensational aspects of the

Delhi Rape occupied centre stage. One rationalization for this is that the primary purpose of

any newspaper is to increase circulation. For instance, the attention given to celebrities’

views of the Delhi Rape and the personal story of the victim’s pain and promise struck a cord with readers and, in turn, fulfilled this economic imperative. However, the Delhi Rape

is more than just a horrific crime that ignited anger; it needs to be understood as a matter

of gender justice.

Gender justice situates crimes against women within the larger structure of

patriarchal power. The structure of power has worked against the interests of women in

the way sexual crimes are reported in India and other societies. Over the course of thisstudy, we have worked to better understand the progress the press has made with respect

to gender justice against the propensity for sensationalism - a paradox that requires a great

deal of thought. On the one hand, when the press follows a story across diverse storylines,

moving beyond the incident and crime cycle, it opens the possibility for gender justice

sensitive reporting. On the other hand, when the story focuses simply on the sensational

aspects of the crime, the powerful gender justice perspective is not well served. And while

the press is trapped between these two poles, the transition is incomplete with a long road

for it yet to travel.

Before closing, there is a final point that needs underlining. Our media monitoring of

the Delhi Rape demonstrated that much of the news coverage continues to rely on

conventional news reporting. There is insufficient recognition that gender violencerequires conceptual, analytical and practical changes in the culture of the Indian newsroom.

The responsibility for a different kind of news culture relies on both the editorial direction

of the newspapers we examined, and also the reporters, who are the frontline

professionals. It would be important for journalists, as well as those in charge of editorial

direction, to organize a major conference to probe and understand India’s rape culture andthe gender violence in the mass media.


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Appendix 1

December 16, 2012 Gang Rape. 23 year old physiotherapy

student is gang raped on a moving bus in

South Delhi

December 17, 2012 First 4 Accused ArrestedDecember 19, 2012 Male Victim Testifies in Court

December 20, 2012 2 Confess to Crime

December 21, 2012 6th Accused Arrested

December 29, 2012 Victim Dies, Accused are charged with

Murder

January 3, 2013 Delhi Police filed Charge sheet in Magisterial

Court

January 5, 2013 Magisterial Court Takes Cognizance Charge

Sheet

January 9, 2013 Gag Order prohibiting media from reporting

on court proceedingsJanuary 17, 2013 Case Committed to fast track court

January 24, 2013 Arguments begin

February 2, 2013 Accused Plead Not Guilty

February 5, 2013 Trial Begins

March 5, 2013 Police Testify in Court

March 11, 2013 Ram Singh Found Dead in Jail Cell

March 15, 2013 Accused charged with robbery

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Documents

Drache Velagic Delhi Rape Reporting 2013June4